In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
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Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics.
Foreword Harvey C. Mansfield Acknowledgments Introduction: Liberal Education and Politics Giorgi Areshidze and Paul O. Carrese Part I. The Role of Courts in Constitutional Democracy 1. Why We Need More Judicial Activism Suzanna Sherry 2. Legal Realism, Innate Morality, and the Structural Role of the Supreme Court in the U.S. Constitutional Democracy Karl Coplan 3. Is Judicialization Good for Democracy? A Comparative Discussion Ayşe Zarakol 4. If Theres a Right, Is There a Remedy? The Federal Courts Role in Remedying Constitutional Violations Barbara Kritchevsky Part II. Law and Executive Authority 5. The Necessary and the Good in Lincolns Wartime Reconstruction Policy Sean Mattie 6. Progress, Return, and the Constitution C. Kevin Marshall 7. Ideas Meet Institutions and the People Rise Up: Four Classic Ideas and the Strange Century of Health Reform James A. Morone Part III. Liberal Education, Constitutionalism, and Philosophic Moderation 8. The Polis, the State, and the Constitution James R. Stoner Jr. 9. Adam Smiths Invisible Hands Peter Minowitz 10. The Founders and the Conditions of Popular Political Deliberation David R. Upham 11. Tocqueville on Liberal Democracy and the Philosophy of Moderation Paul O. Carrese 12. John Rawls and EU Multiculturalism: Is Post-Enlightenment Rawlsian Liberalism Sustainable? Giorgi Areshidze Publications by Murray P. Dry Constitutionalism, Executive Power, and the Spirit of Moderation Contributors Index
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"Each essay is thoughtful and well-argued." — CHOICE"...highly recommended for college library Judicial Studies collections." — Midwest Book Review
Produktdetaljer
ISBN
9781438460420
Publisert
2017-01-02
Utgiver
Vendor
State University of New York Press
Vekt
227 gr
Høyde
229 mm
Bredde
152 mm
Dybde
25 mm
Aldersnivå
G, U, P, 01, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
416